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PART I : ISLAM AND ITS BASIC CONCEPT
LESSON 3
THE OBJECTIVES OF SHARI’AH (‫)مقاصد الشرعية‬
1.0 Introduction
In the name of Allah, Most Gracious, Most Merciful
In Lesson 2, we know that shari’ah is the second fundamental of Islam. From the lesson, we
know that shari’ah comes with several objectives in order to ensure that the mankind will live in
peace and harmony in this world and success in the Hereafter. In other words, shari’ah looks
after the welfare of mankind. Thus, this topic will discuss the objectives of shari’ah.
2.0 Learning Outcomes
By the end of the topics, you should be able to:
1. Identify the objectives of shari’ah and its category
2. Explain the differences between daruriyat, hajiyat and tahsiniyat.
3. Give examples of three categories of importance
3.0 List of Topics
3.1 General View about the Objectives of Shari’ah
3.2 Dharuriyyat (‫)ضروريات‬
3.3 Hajiyyat (‫)حاجيات‬
3.4 Tahsiniyyaat (‫)تحسنيات‬
4.0 Terminologies
4.1 Unlawful
Things that is prohibited i.e haram
4.2 Prostitution
The act or practice of being available for sexual services with another person in return for
payment.
4.3 Aurah
Part of the body that must be covered by Muslims
4.4 Polytheism
A belief that there are many gods (‫)شرك‬
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4.5 Intoxication
The acute state of physical and cognitive impairment caused by drinking alcohol or
being exposed to a psychoactive drug
4.6 Sound mind
Sanity (from sānitās) refers to the soundness, rationality and reasonableness of the
human mind
4.7 Dysfunction
A failure to function in an expected or complete manner. Usually refers to a disorder in a
bodily organ (e.g. erectile dysfunction), a mental disorder, or the improper behavior
4.8 Rukhsah
The rules enacted by Allah to lighten the obligation of a Muslim mukallaf (a Muslim bound
by Islamic rules and obligations) in certain cases that call for such a relief
5.0 Topics
5.1 General View about the Objectives of Shari’ah
5.1.1
Presentation
Why did Allah SWT reveal His laws? It is for human welfare and interests (‫)مصلحة‬. In
general, below are the reasons why Shari’ah was revealed to mankind:
to free mankind from the grip of their whims and fancy
to build up good personality of individuals
to ensure peace and success of life
to control man’s behaviour.
to bring happiness of life
Do you aware that the welfare and interests of the mankind have different categories?
Muslim scholars of Islamic Jurisprudence have divided the interests into three categories
that are Dharuriyyat (‫)ضروريات‬, Hajiyyat (‫ )حاجيات‬and Tahsiniyyaat (‫)تحسنيات‬. Each category
has its level of attainment and priority. The taking care of the human interests
(maslahah), Shari’ah gives priority to the dharuriyyat must be fulfilled first, followed by the
hajiyyat and then the tahsiniyyat. Let us see what those categories are all about.
5.1.2
Activities
Give example for each reason listed above. Discuss with your colleagues.
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5.2. Dharuriyyat (‫)ضروريات‬
5.2.1
Presentation
Dharuriyyat simply means the basic needs or essentials of life. It is the absolute
requirements to the survival and spiritual well-being of individuals and societies. If this
interest cannot be attained by human and is not safeguarded by Islam, the life will be
hard, difficult and even miserable. That is why shariah was revealed to guarantee and
safeguard this maslahah.
Do you know what those essentials are? They are religion, life, mind /intellect, lineage
and property. Shari’ah aims at preserving these five essentials. How? Let us see
together.
Preserving the Religion of Islam
It means preserving the sanctity and dignity of Islam as the religion of Allah SWT.
Hence, there is provision in shari’ah that forbids Muslims from changing their religion
(becoming murtad). If a Muslim becomes murtad, he will be advised to repent and
return to Islam within 20 days. If he refuses after the period of 20 days, he will be
punished by death.
Another example of preservation of religion is the prohibition of practicing polytheism
as it damages one’s faith or aqidah. If he dies in the state of damaged aqidah, he will
remain in the hell. Therefore, shari’ah saves Muslims from the hell fire.
Preserving Life
Shari’ah of Islam forbids killing another and even killing oneself by committing
suicide. It a major sin in Islam. A Muslim who kills another Muslim with intention or
not is considered guilty (if being proven guilty by court), The punishment is retaliatory
killing (qisas). The prohibition of killing another or oneself and the qisas punishment
is the way Islam preserves human life.
Preserving Mind/Intellect
Islam put a great emphasis on maintaining a healthy mind/intellect because it is the
most valuable gift from Allah SWT. It is the mind/intellect that makes human different
with animals. That is why Islam prohibits Muslims from committing any deeds that
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can cause intoxication or insanity to the intellect. Intoxication will cause the
dysfunction of the mind in which a person cannot think with a sound mind. Not only
that, an intoxicated person can endanger himself and others. You just imagine a
drunken person who is driving under the influence of alcohol. His action causes
dangers to himself as well as others if he hits others with the car. Is it right?
Therefore, Islam forbids Muslims from drinking liquor or alcohol, drug and other
intoxicant things that will damage the function of the mind. This prohibition is to
preserve the healthy mind from being corrupted and to safeguard public safety and
property.
Preserving Lineage
Preserving lineage is also important. Thus, Islam put a great emphasis also on that.
Therefore, adultery and even any acts that bring to adultery, rape and homosexuality
are strictly prohibited in Islam because those acts will harm the lineage. Those acts
are crimes in the eyes of Islam and criminals will be punished according to the
Islamic Criminal Laws (Fiqh Jinayat).
Preserving Property
To preserve properties, Islam forbids stealing, robbing, deceiving others and so on
because it will bring harm to the society. You just imagine robbery incidents that
happen in the country. It cause nightmare to the victims. Many victims were
murdered and some are suffering from injuries.
To preserve all those essentials of life, Islam takes two measures i.e affirmative and
preventive. Affirmative measure is the measure that supports something positive and
good in nature. It refers to something or what affirms its elements and establishes its
foundation (positive aspect). While, preventive measure refers to the measure that
supports something positive and good in nature. It refers to something or what affirms
its elements and establishes its foundation (positive aspect).
For more understanding about the measure, let’s see the below table:
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AFFIRMATIVE MEASURES
Affirmative Measures
PREVENTIVE MEASURES
Preventive Measures
*Essentials pillars of Islam; like
*Jihad
prayer, fasting etc.
* capital punishment of riddah
* Promotion of justice
Religion (Din)
* prevention of injustice
* Da’wah
Affirmative Measures
Preventive Measures
*Provision of sustenance and
*Provision of penalties for those
maintenance of good health.
who destroy life without legal
Life
justification.
*
Prohibition
of
killing, suicide etc.
Affirmative Measures
Preventive Measures
*Facilitating and establishing
*Provision of penalties for those
family life
Lineage/Progeny
who corrupt it and destroy its
*Maintaining healthy family life
value. *Prohibition of sex outside
and the institution of marriage
marriage,
punishment
for
adultery
Affirmative Measures
Preventive Measures
*Permission to trade and conduct
*Penalties
business
Wealth/Property
for
theft
or
misappropriation of wealth.
*Creation of proper conditions for
the growth of wealth
Affirmative Measures
Preventive Measures
*Promotion of the means for the
*Penalties are provided for the
growth of the intellect; pursuit of
Mind/Intellect
(‘Aql)
knowledge
consumption of substances that
destroy the intellect.
*Prohibition
of
drugs
and
intoxicants
5.2.2
Activities
Do you aware that examples or issues presented in the dharuriyyat above are related to
negative practices such as to preserve mind, Islam prohibits drinking alcohol. Can you list
down some positive practices for each essential? For instance, to preserve mind, Islam
make compulsory for all Muslims to seek knowledge. For sure, there are many examples
that you can list down. Discuss with your friends. You can use this format while listing
down the positive examples.
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PRESERVATION OF
NO
ESSENTIAL OF LIFE
1.
Religion
2.
Life
EXAMPLES
5.3 Hajiyyat (‫)حاجيات‬
5.3.1
Presentation
What it is all about? It is the measure taken as to remove the severity and hardship in
case where such hardship does not impose a threat to the very survival of normal order.
The absence of hajiyyat in human life will not harm the life but the life become easier with
its presence as it removes difficulties from human life. Hajiyat is important to remove the
difficulties in fulfilling the religious obligations as well as it also support and promote
dharuriyat. The relationship of hajiyyat and dharuriyyat can be illustrated as below:
Rukhsah
Ibadah
Hajjiyat
Affirmative
measures
Religion
Explanation: The chart shows that the religion is supported by hajiyat (rukhsah) when
there hardship in performing ibadah which is the important measure of preserving the
importance of religion. For example, a Muslim traveler is allowed to combine the five daily
prayers during travelling.
5.3.2
Activities
In performing ibadah for the preservation of those essentials of dharuriyyat, Islamic
Shari’ah provides rukhsah with the purpose of removing hardship and difficulties in
performing ibadah. Give ten examples of other rukhsah provides by Islam.
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5.4 Tahsiniyyaat (‫)تحسنيات‬
5.4.1
Presentation
Tahsiniyaat is the measure taken to attain refinement and perfection in customs and the
general conduct of people. It is for the enhancement or improvements in the quality of
life. Generally speaking, the tahsiniyaat assures human dignity and good character.
Its
absence in life will never harm the dharuriyyat and hajiyyat but its presence will
make life perfect and beauty. Even though its absence would not undermine the life of
people, but it would make it against the moral standards of decency and ethics. For
example, cleanliness or adab of eating in life.
In performing ibadah for the preservation of the religion, for example, let us look at the
five daily prayers. Basically, once a Muslim has performed shalat, he has fulfilled his duty
as a Muslim and it is sufficient. However, for the perfection of shalat, he is highly
encouraged to put some good perfumes because Allah SWT and the angels like it. If he
do not put perfumes, it does not harm the shalat. Likewise, for the preservation of life,
human in general needs a house. The house is dharuriyyat in this case. After having a
house, human needs some facilities such as electricity and water supply. The facilities
are considered as hajiyyaat in which if the human cannot get the facilities, they still can
survive. After having such facilities, human may look for the perfection and beauty of their
life. Thus, they might wish to buy television or washing machine. This is tahsiniyyat in
which the life becomes perfect and beautiful with the presence of tahsiniyyat.
In the case of conflict between dharuriyyat, hajiyyat and tahsiniyyat, which one should be
given priority? Majority of Muslim scholars agree that dharuriyyat must be given the
priority, and then followed by hajiyyat and then tahsiniyyat. The attainment of hajiyyat
must not harm the dharuriyyat and the attainment of tahsiniyyat must not harm the
hajiyyat and dharuriyyat.
5.2.2
Activities
Find more information about the four divisions of shari’ah and discuss with your
classmates.
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6.0 Lesson Summary
From the discussion above, we can conclude that there is hierarchy of objective of
Shari’ah which is divided into dharuriyyat (the essential), hajiyyat (the necessity) and
tahsiniyyat (the perfection). The dharuriyyat must be preserved first, and then followed by
hajiyyat, and then tahsiniyyat. All Muslims must understand this hierarchy so that the
objectives of shari’ah can be attained accordingly. Ignoring the hierarchy will cause
disorder to human life. However, we must remember that, the hierarchy might be different
from one person to another or from one place to another place. It is changeable depends
on time and place.
7.0 Self Assessment
7.1 Identify the below matters as dharuriyat,(either affirmative measure, preventive measure)
hajiyat, or tahsiniyat.
Matters
Answer
1. Prayer
dharuriyat
2. Jihad
3. Divorce
a) dharuriyat
b) hajiyat
hajiyat
4. Recommended prayer
tahsiniyat
5. Mind
dharuriyat
- affirmative
- preventive
7. Prohibition of abortion dharuriyat - preventive
8. Acquiring knowledge
dharuriyat
- affirmative
9.Punishment for adultery
dharuriyat
- preventive
10. Prohibition of suicide
dharuriyat
- preventive
11. Donation
Tahsiniyat
12. Capital punishment of
riddah
13. Putting on perfume
during prayer
dharuriyat
- preventive
tahsiniyat
7.2 Five dharuriyat are religion, life, lineage, property and _________
A.
B.
C.
D.
Life
head
mind
heart
Answer: C
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7.3 An example of hajiyat is ___________
A.
B.
C.
D.
paying zakat
giving donation
praying jama’ prayer
praying five daily prayers
Answer: B
7.4 Which one is not the objective of shariah?
A.
B.
C.
D.
Ensuring success in both life
Producing a responsible individual
Providing human with good disposition
Encouraging human to fulfill their desire
Answer: D
7.5 The affirmative measure of mind/intellect is ______________
A.
B.
C.
D.
providing drinks
promoting alcohol
prohibiting intoxicants and drugs
promoting education and pursuits of knowledge
Answer: D
7.6 Prohibition of fornication is a method to protect the ___________
A.
B.
C.
D.
Life
Mind
Lineage
Religion
Answer: C
7.7 Divorce is an example of the __________
A.
B.
C.
D.
needs (Hajiyat)
contract of marriage
necessities (Dharuruyat)
complimentary means (Tahsiniyat)
Answer: A
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7.8 Tahsiniyyat means ____________
A.
B.
C.
D.
worship Allah as if you are seeing Him
elements of permanence and change in Islam
method used to remove severity and hardship
measures to attain refinement and perfection in customs
Answer: D
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